Saturday, September 24, 2011

Response to Middleton school attorney

Below is the response back to the attorney. If you read it and want to help me, respectfully and peacefully, please show support by attending the Middleton school district meetings as well as those in your area! I do not want to create a problem for the board members, only to show people in numbers to let them know what they are doing is wrong, because although they are wrong on many issues, they are still friends of mine or I would like to consider them as such.
The calendar can be found at www.msd134.org


Dear Attorney,

I received your letter on Thursday and was quite discouraged and disheartened by the time I finished it so I thought I would take the time to respond to make a few clarifications to let you know who and why I am.

I am a father of four excellent boys and a husband to a most excellent wife,. As with most things that are revered and treasured and threatened, the natural tendency is to protect and preserve these treasures.

Since the housing market crash, when my business closed, I desired to further my education and found a new love and tremendous passion in Early American history, philosophy, and Biblical, Constitutional and Common Law as well as Christian apologetics and read to further this passion every free moment I have.

After several years, of reading, I began to see things in a very different way and realized the more I read that something is most seriously wrong with our country, with our rule of law, our nations once united beliefs and it became clear that there is little, if any, resemblance to our foundational principles in which this nation stood firm and I realized it was due to our own ignorance and apathy as Americans failed to perpetuate these principles.

Today, law has become arbitrary and inconsistent, and no longer designed to protect the innocent and punish evildoers as was intended but to “ensure social justice” which subverts the entire original intent of law and our republican form of government where truth is relative and the people no longer have the power over their government that was guaranteed by our Constitution.

Our people in public office swore an oath to uphold and defend the constitution as a guarantee to the people, that they would strictly adhere to our rule of law, the Constitution, and by doing so, our rights would be protected. Today, most of these people that swore this oath, do not understand it, remember it, care, no longer think it applies or feel somehow it is up for interpretation which directly pins the government against the people instead of protecting those rights, they now dictate them which was never intended.

I have been involved in a multitude of issues with Middleton school district for years.
I have followed the established chain of command, followed proper procedure and done as I have been asked and my attendance at this last meeting was on the heels of the multitude of these issues and I felt it was now time to speak.

Prior to this meeting, I wrote and emailed the board members, including Dr. Bauscher which laid a foundation of my argument so that they would understand where I was coming from and speaking was just a re-iteration and a hope that they would have a chance to reconsider and even ask questions if they had any.

You began your letter by stating that I was disruptive during the meeting, but you also stated I was allowed to have my three minutes which is where there may be some misunderstanding or, of course some relative misinterpretation of the facts.

I have attended meetings in the past and they always begun at 6:30pm. For some reason, tonight and hereafter they say they began at 6:15pm but I got there at 6:12pm, the meeting had already started. When I walked in I was immediately told, “ Oh, you missed your chance to speak”, I will tell you at that moment, I was incredibly upset because I viewed the meeting start time as the denial of my hearing but my friend, was kind and respectful enough, as always, to have the board reconsider and I had my three minutes. If I was allowed to speak, there was no disruption DURING the meeting, unless you consider my three minutes as that disruption but to make myself clear, I waited quietly until I was allowed to speak and was quiet afterward as my video of the entire meeting will attest to which can be found on my website at www.tommunds.com.

What you may be referring to, in fact, was after adjournment, when everyone was gone but a few concerned citizens that agreed with my testimony, they were asking me questions and I took time to answer them. It was then, when in the room, were a few of us with the board members when Dr. Bauscher, loudly and rudely told me, by name, to “GET OUT!”, Why me, there were others? I was disrespected, I was angry, I was hurt and I told him and the board “This wasn’t over” and “Its still on.” meaning that I was going to continue to pursue this issue.

Sir,
It is my understanding of law, that the Constitution, and all laws made thereof shall be the Supreme Law of the land and that all laws, ordinances, policies and procedures as well as state constitutions, repugnant to it are null and void (Art. XI, Sec.2a). If this is true then much of our state constitution is null and void especially Article IX, Sec 1, that states that the legislature shall establish a “free” and common school, because it is outside the limited powers of government of Article 1,Sec. 8.

It is also my understanding that the constitution was a document written to restrict government, that officials swore to limit themselves and the Bill of rights was an extra measure to further declare and preserve our rights providing more government restrictions in the area they had no jurisdiction. In other words, the bill of rights cannot be infringed by our government and not used as another tool for them to further dictate or restrict our rights.

It is also my further understanding that you are a member of the BAR, which is the British Accredited registry, which I would assume would or could be challenged as a violation of your oath in that it may swear an allegiance to a foreign power, under foreign jurisdiction, that forces people in this country to join or they are not allowed to practice law, if that is what its called today.

Although I have not done enough research to verify, what I do know is that both attorneys and judges are members of ther BAR which should be viewed as a conflict of interest in that it becomes now the attorneys and judges, the judicial branch vs the people which would shatter a fair trial without the persons knowledge that judges opinions are just that, opinions, and that juries can, in fact, deny or overturn the verdict of the judge.

In your letter you mention Idaho code 18-916 that, in fact is a direct violation of my first amendment right of freedom of speech as well as the denial of my right of redress of grievances. Are you suggesting that the constitution supports a state statute that denies the right for people to question and hold our government officials accountable? It would appear that the “Doctrine of presumption” would clarify and support my argument.

With all due respect Sir, Our government entities are no longer responsible or held into account by the people, and seem to have somehow elevated their authority over the people when no such permission was granted. It is for this reason that our rights, freedoms and liberties are being destroyed, let me clarify:

Idaho Constitution, Article IX, Sec. 1, “The legislature shall establish a free common school”. First, it isn’t free and it doesn’t offer or guarantee tenure, salary increases and lifelong pension funds at the expense of the tax payer. It also does not allow for the creation of a mob, a teachers union that would give them more power than another individual that trumps the will of the minority, violating our guarantee of a republican form of government because the minorities, the few against the unions are left defenseless. In addition, these tax payers guaranteed, pensions are also a violation of my republican form of government because it is a form of redistribution of wealth, or socialism.

According to “ In loco parentis” and “Parens Patriae” which does date back to common law but has, today has further taken power from the parent and given it to the state, further denying the parental rights to their children.

The parents and children are forced and regulated by the government as to their interpretation of proper education of their children when they enter the public school and indoctrinated with Marxist principles that are in diametric opposition to the principles of a free people. ( If I called them a “bunch of communists” which your letter states, which I don’t recall but would be evident in the video, the error would be that I may have not used the proper definition, I should have said “Totalitarians” which is simply the ultimate result of any society that abandons God and replaces it with the democracy or” Rule of man”, which, for the record, in fact, they are, for totalitarian is complete government control, which they in fact, promote and probably don’t even know it)

For example, since they took God out of school, they are taught, by default to believe that their rights are subject to what the government says they are, rather than the belief that their rights were inalienable. They are taught that we are a democracy- a rule of man, rather than a constitutional republic- rule of law.

In addition they are taught to live beyond their means by the support of annual bonds- to live beyond their means, which promotes fiscal and personal irresponsibility, to believe that abortion, the murder of innocent life, is a choice protected by our government rather than the government to protect LIFE. They are taught to look to the government for all their needs, accepting all their regulations, rather than taking personal responsibility which is the governments failure to protect LIBERTY, and they are taught that they are subject to removal from their home for failure to pay coercive property tax which is the governments failure to protect PROPERTY.

If government was established, “BY THE PEOPLE, FOR THE PEOPLE to protect life, liberty and property” and doesn’t perform any of these duties would that not be a failure of our established form of government? Do you realize that established government was never to have more power over an individual that we had as one individual over another?

I am not ignorant enough to suggest no government, nor am I against taxes for there are proper and limited roles for each as originally intended which would know if we knew our history and the intentions of our Founding fathers which were that the power was to remain in the hands of the people and NOT in government.

Sir, I am a loving father and husband that respects his wife and understands the importance of family. I understand my rights, I know my history. I am a peaceful, non-violent, tax payer that believes in limited government and proper taxation I love our heritage, honor our sacrifices that were made by our military to secure our freedom and have deep respect, reverence and understanding for our established rule of law as it was intended. I t is imperative that we as individuals relearn our lost and re-written history, the principles of liberty, the proper role of government and return to our foundational principles to restore this nation, or Americas days of prosperity and its beacon of hope will be a distant memory.

Ronald Reagan warned “ If we ever forget we are one nation under God, we will be a one nation gone under.” Take a look around, what do you see?

As an individual, I am a strong believer in personal responsibility, in morals, ethics, honor, integrity and also in truth, even sometimes when it hurts. It is not only my right as an American to hold my government accountable it is my duty and any restriction thereof is not only contrary to our freedom and our ‘original intent”, the constitution, common law but the elevation of tyranny.

When I think about our history and the sacrifices of freedom that were made, the established rule of law limiting government to “Few and specific powers” to ensure freedom of its people by protecting life, liberty and property and reflect on what I see today, where those who think they can control every aspect of those who pay their salaries and retirement for life, we could not possibly be more in contradiction.

I would like to say, respectfully, that I was not fearful at the reception of your letter, as at times, are meant for that purpose but frustrated because it was obvious to me that no one had even read or cared for the letter that was presented to the board and assumed they would fail to submit to you a copy (because it would hinder their case) for your viewing before you wrote your letter to me which is why I would like to include it in this letter back to you.

I would also like to say I do not appreciate being threatened by a school or their attorney at the presumption of a crime, when in fact, there is no evidence of a crime, or “corpus delecti” or show the body or physical evidence of such and would therefore be nothing more than arbitrary hearsay if we were to follow equal protection under the law.

I would like to state that I do not appreciate being forced into a corner, with no way of redress at the loss of control of my children to “the state”. When a protective husband and father is concerned , violated, restricted and denied repetitively, while being laughed at and mocked in public, and ironically told what is and what is not a violation of my rights and that of my children the communication will always be less than cordial.

I will continue to attend these meetings, with my video camera, by doing so, holding them accountable. I have never had intentions of disrupting meetings and feel strongly I have not in that I was called upon before I spoke.

In your letter, you stated that I am afforded “NO RIGHTS” which I find offensive because I question who gave the board the authority to further remove my rights when they were not given that authority by, the taxpayer, properly addressing grievances when no where in the rule of law does it say that my rights are denied at the door of a school board meeting!

You also state that an Idaho code is a crime. Where and how that is that possible when crimes require , a victim, a witness, the “corpus delecti” and a trial by jury? Are you suggesting we are under Title 50 USC, the War Powers Act where the Constitution is essentially suspended, where violations of all policies , procedures, rules and ordinances will be considered crimes? If so, should not the people be made aware that our constitution is suspended, or is "ignorance no excuse for the law?" If this is in fact, so, does that apply to attorneys and government officials who have abandoned their oath and do not understand the Supreme law of the land, protecting the interests of the state rather than that of the people?

I will, at times, when necessary ask to be heard and will then speak and in the case of being ignored will address the board after the meeting has adjourned as it is my God given, constitutionally protected right and duty to hold my government officials for their actions and their statements.

If they are embarrassed because they were wrong and are corrected, which is what the code is to prevent ( The silence of dissent) may I suggest they further their education, and learn from their mistakes because we all know that we can’t know everything unless you feel that educators are at some level beyond being educated.

If you are in any position of representation whether it be a government official or an attorney, you are bound by an oath and this oath should be taken with the understanding that you are now held to a higher level visibility, accountability and scrutiny and not above it.

If I am treated with respect, I will reciprocate, if I am not, in the interest of “Fairness”and equal protection, I will respond in kind.

Blessings and respects,

Tom


P.S. Without going through both constitutions, in detail, where I feel violations for Article 1, section 8 were made, in the interest of time, I have listed instead what I feel are violations of protection guaranteed by the Bill of Rights: (remember the Bill of rights are not subject to government control but to protect us from it)

Amend.1:Government restricted freedom of religion. Sep of church and state is a lie.
Government restricted freedom of speech- statutes restrict questioning
Denial of redress-school board may choose to hear you or not

Amend. 2: Government restricted right to bear arms- denied the right when no crime has been committed. Presumed guilty before innocent without trail by jury.

Amend. 4: Government restricted illegal search- campus lockdown and surveillance cams-denial of the right to be secure, without warrant or probable cause,again guilty without trail by jury.

Amend 5: Government deprivation of life, liberty and property- rights subject to government interpretation, arbitrary law, judicial activism, government coercion, property loss for failure to pay unconstitutional property tax to be used to indoctrinate my kids.

Amend 6 and 7: Denied trial by jury if government considers lesser laws crimes. Crimes must have a “corpus delecti”, the body, the victim , the witness and must be subject to trial by jury.

Amend. 9: Government restricted rights that were to be retained by the people- the government was not to construe or deny my rights but to protect them.


Notes of interest:

Along with this response, I will also have enclosed a three CD set and a booklet done by a motivational speaker friend of mine on a few topics you may find of interest, the separation of church and state, the dangers of Huimanism and Judicial tyranny. Please nejoy these as my gift to you for taking the time read my letter.

The below notes are compiled together and can be found in a letter to Obama dated December 6th, 2010 by the congressional prayer caucus. The very idea that the Tax dollars of the American people go toward the denial of God in the public forum is not only contrary to our establishment of our form of government but promotes the enslavement of them to the inevitable end of totalitarianism.

The Bible is the source and foundation of all law and confirmed by our Founding documents, Magna Charta, Founders quotes, supported by common law as well as many presidential proclamations including Ronald Reagan in 1983.

In 1956 President Eisenhower approved the law” In God we trust” and is our official national motto.

The Declaration of Independence and preambles of all 50states acknowledge God as the source of our Rights

The pledge declares “One nation under God”

John Adams said: “ It is religion and morality alone, which can establish the principles on which freedom can securely stand."
"
Benjamin Franklin said” The Constitution was written for a moral and religious people, and wholly inadequate for any other form of government." (clue:religious and government in the same sentence!)

If this is true and this nation is neither moral or religious, can the constitution still apply? (NO, it must be interpreted differently to try to make it work!) which is why it is so difficult for government to remain its its limited capacity. Essentially the constitution today is a worthless document because those who swore to uphold the law have never read it or even understand it!

With regards to a statement I may or may not have made about "being communists", may I suggest you read and compare the communist manifesto against the Bill of Rights?

Letter from Middleton School District Attorney

After attending the school board meeting last week, Thursday evening I received a letter from the school attorney that confirmed all of my suspicions regarding the proper role of government and the people which I am afraid to say, is no longer in existence. As you finish this letter I hope you will see just how bad it really is. For the sake of my lack of ignorance of oppressive law and that I have been told that ignorance is no excuse, I have withheld the name of the attorney until such time as these documents are made public record or that I find out I am free from committing a crime I would know nothing about.

Isn’t it crazy that we proclaim our freedom while in conradictioon we are told we are responsible for laws we know nothing about as they increase every single year? Will we be responsible for knowing the law when there is an entire library dedicated to it in a language we do not even understand?, we are! Law was meant to be written in easy to understand language that all men could easily understand and the laws were actually to be few because in common law, the law was written in the hearts of men, common sense, undertood by all, well, Not anymore!

Look closely at the letter, read it and read my response that will be posted shortly after this one and watch the full length video or just the part where I spoke of middleton school board meeting on my website at www.tommunds.com that supports my argument and concerns about this runaway school system!

First, You will notice, he stated, regularly scheduled, which in fact is incorrect in the sense that all prior meetings have been at 6:30pm not the new time 6:15pm which actually began the night I was scheduled to speak. In addition to this, when I arrived at 6;12 pm the meeting had already begun and they were beyond public comments which meant that the meeting began before 6:10, seems a bit fishy don’t you think? Why then would I be told immediately after entering that I missed my chance to speak?

You will also notice they stated I was disruptive during the meeting which is inaccurate in that I was silent until I was called upon as well as quiet until the meeting was adjourned in addition to the fact that being disruptive is a relative term that would depend entirely on whether they liked you or not, or who you were speaking to which makes statements like this arbitrary.

What is interesting to note is where: "specifically” is written at the beginning of the second sentence, then later in the same sentence it was written “ or something to that effect” so, which is it, specifically or approximately or perhaps somewhere in between?

They clarified that when I was called upon to be heard, they had no control of what I spoke about, which is an acknowledgment that I was allowed to speak about my concerns without fear of reprisal. Do you like where they, our government, tells us what we are afforded …NO RIGHTS AFFORDED? Wasn’t government established to protect my rights, not to dictate them? Have they now become the tyrant king where I must be worthy to retain my rights? I found the code interesting in that is seems to restrict my right to hold my government officials accountable for their actions and statements, what do you think?

So if you challenge the authority that was never given to the board, about something they disagree with, they can call you disruptive and tell you what your rights are as well as continue to forcefully make you pay for these unconstitutional measures and there isn’t a thing you can do about it or you will be arrested or denied entry for something you may have never even been guilty of.

What I really enjoyed was the warning and threat at the end where they told me if I didn’t obey the rules, like a child, I would be punished. Finally in the PS section they told me that the incarceration of my children is legal by state law which in reality maybe legal but not lawful because it violates the very intention and establishment of a free nation where we now have traded freedom for security and as we were warned by our founders , we deserve neither and both will be destroyed.

If you understand what is wrong here, I urge you to attend your local meetings, to see what is happening while you are busy living your life. because while your working, your freedoms are being destroyed!!

LETTER FROM SCHOOL ATTORNEY( re-written for the purpose of posting and making public to prevent any misunderstanding and the fact that I am running for state legislature.)

Dear Mr. Munds,

It has been brought to my attention that on September 12, 2011 at a regularly scheduled school board meeting for the Middleton school district, you caused a disruption during the meeting. Specifically, it was reported to me that in a rather loud voice you called the superintendent and board members “a bunch of communists” or something to that effect.
This was stated in the presence of other patrons, employees and students.

It is the position of the Middleton school district that it has no control over the content of your personal three minute talk. However, the school board does have need to control its meetings where there are no disturbances or incitetful rhetoric being provided to its employees and board members of the District. The manner of your demeanor is problematic. An orderly process has been established for patrons to make public statements during an optional hearing of [ signed in] visitors( up to a three minute duration) section. Beyond that, there are NO RIGHTS afforded for your display of your public behavior.

In fact, Idaho Code sites it a crime for any parent, guardian or other person to upbraid, insult or abuse a teacher of the public schools in the presence and hearing of any pupil and that individual is guilty of a misdemeanor ( ID section 18-916). Of course, a teacher also includes certified administrators under the definitions set forth by the Idaho legislature. If such conduct is disruptive to the education process, a person may be excluded from attendance on any school property.

If any further disruptive behavior from you is observed or experienced by the School board, the district will pursue your removal from attendance at these meetings.

Hopefully, we will not be placed in a situation where that will occur and you will abide by our rules, as far as utilizing the limited section “hearing of [signed in] visitors.

Very truly yours,

Attorney at Law

PS The school board wanted me to inform you that SECURITY CAMERAS, a closed campus and locked gates are all allowed under Idaho code section 33-512(11). (They may be allowed but are they in violation of our constitutional protection.? Only those that have read it and understand it would know.

Wednesday, September 14, 2011

Middleton school district control update!

Check this out!!

Did you know when you put your kids in public school you give up your rights to them?

Mathematically, it’s easy, they force you to pay taxes to your school district that has the power to take your rights and that of your children away.If you decide not to they take your house and you still owe the taxes! If you find this as a concern, I suggest you share this!

I spent hours on the phone yesterday with fire chiefs and law enforcement regarding codes, educated them on the constitution, and the state board of education about how they got their power and am still trying to figure it out. My assumption is it was legislated but so many government entities now seem to have the ability to circumvent the legislative process usurping the will of the people and the rule of law!

Evidentially these school districts have so much power due to “legislated local control” that the right of redress can be denied and the board has the AUTHORITY even if it violates the will of the people and the constitution to make their OWN LAWS! I was told I needed to go through the policies and procedures and seek redress but when I asked if I went through this trouble if the board could deny me and they said they could. The next question is who’s policies and procedures, the state board of Ed or the state Dept. of Ed, and so the government red tape is exposed, like a rat, you must submit to the maze!

The constitution is no longer supreme if school districts can usurp the law and the parent’s right to their children. They teach our kids that abortion is a choice but the government that was created to protect life, liberty and property now does everything but what it was established for!!!

When speaking to my rep, he said “ Oh they have the ultimate authority, your only options are to take the child out of school or run for school board” ALL using government COERSION TO PAY TAXES for a system that removes your rights to your KIDS!!!!??? And people want to fund it???? This needs to go viral!!!

I spoke with teachers in different districts and even one at a football game when I asked him, did you know if you have your kids in public school you give up your rights to them and he said “ Oh, Yeah, I knew that!” WHAT????? Am I missing something? When did this happen?

Doing more research I found out about two terms:

“in loco parentis”- government is the parent
“parens patriae”- states role as guardian

I will be calling boards today in regards to this matter! My bet is that parents don’t even know about this but I think this is the reason they can get away with what they are doing with school lockdowns, surveillance and, as I dreamt last night, they could lockdown the school with the flip of a switch and force vaccinations or hold them for any arbirary reason they choose. Will they? Who knows but should they be in a position to do so if they decide to?!
Questions? Contact me anytime! Links below! Check out the district meeting video on my website at www.tommunds.com



Tom Munds:
208-861-6405
tom@tommunds.com



http://www.lewrockwell.com/mcelroy/mcelroy87.html

…schools are usurping the parental role of teaching personal values to children. They are not acting as educators but as guardians, "in loco parentis" (in the place of a parent). Some schools clearly consider this function to be their right, even over parental objections. Thus, Estabrook defends its "right" to teach Parker's son to accept same-sex marriages.

http://townhall.com/columnists/paulweyrich/2007/02/22/public_schools_parental_rights_in_jeopardy

One of the latest developments in public education is that schools believe they are the de facto parents of the children who attend them. With so many children living with only one parent or two parents who work, with who knows who looking after them, it is no wonder. Now some States are trying to require girls entering the sixth grade to be immunized against something called HPV (Human Papilloma Virus), a virus that only can be transmitted through sex and which causes certain kinds of cancer. What does that say about our public schools and about the state of our culture?

http://law.jrank.org/pages/9014/Parens-Patriae.html

In the United States, the parens patriae doctrine has had its greatest application in the treatment of children, mentally ill persons, and other individuals who are legally incompetent to manage their affairs. The state is the supreme guardian of all children within its jurisdiction, and state courts have the inherent power to intervene to protect the best interests of children whose welfare is jeopardized by controversies between parents. This inherent power is generally supplemented by legislative acts that define the scope of child protection in a state.

http://glossary.adoption.com/parens-patriae.html

Parens Patriae: Legal term that defines the State's legal role as the guardian to protect the interests of children who cannot take care of themselves. For example, in an abuse or neglect case, this concept is used to explain the State's duty to protect minor children who lack proper care and custody from their parents.

http://www.johntaylorgatto.com/chapters/6e.htm

The 1852 compulsory schooling legislation of Massachusetts represents a fundamental change in the jurisprudence of parental authority, as had the adoption act passed by the nearly identically constituted legislature just four years prior, the first formal adoption legislation anywhere on earth since the days of the Roman Empire. Acts so radical could not have passed silently into practice if fundamental changes in the status of husbands and wives, parents and children, had not already gravely damaged the prestige of the family unit.

There are clear signs as far back as 1796 that elements in the new American state intended to interpose themselves in corners of the family where no European state had ever gone before. In that year, the Connecticut Superior Court, representing the purest Puritan lineage of original New England, introduced "judicial discretion" into the common law of child custody and a new conception of youthful welfare hardly seen before outside the pages of philosophy books—the notion that each child had an individual destiny, a private "welfare" independent of what happened to the rest of its family.

http://law.jrank.org/pages/1489/Juvenile-Justice-History-Philosophy-origins-juvenile-court.html

The legal doctrine of parens patriae—the right and responsibility of the state to substitute its own control over children for that of the natural parents when the latter appeared unable or unwilling to meet their responsibilities or when the child posed a problem for the community—originated in the English chancery courts to protect the crown's interests in feudal succession and established royal authority to administer the estates of orphaned minors with property.

In 1838 parens patriae entered American juvenile jurisprudence to justify the commitment of a child to a house of refuge. In Ex parte Crouse, 4 Whart. 9 (Pa. 1838), the Pennsylvania Supreme Court rejected legal challenges to the peremptory incarceration of troublesome youths, noting that "The object of the charity is reformation . . .

To this end, may not the natural parents, when unequal to the task of education, or unworthy of it be superseded by the parens patriae, or common guardian of the community? It is to be remembered that the public has a paramount interest in the virtue and knowledge of its members, and that, of strict right, the business of education belongs to it . . . .

The infant has been snatched from a course which must have ended in confirmed depravity; and not only is the restraint of her person lawful, but it would be an act of extreme cruelty to release her from it" (4 Whart. at 11 (Pa. 1838)).

(So…you pass laws to make disciplining children illegal, then when the parents can’t control their children … you get legal guardianship over them!}

https://www.ncjrs.gov/html/ojjdp/9912_2/juv2.html

U.S. Supreme Court cases have had an impact on the character and procedures of the juvenile justice system (Challenges to the use of parens patriae in the juvenile justice system.)


The Supreme Court has made its mark on juvenile justice
Issues arising from juvenile delinquency proceedings rarely come before the U.S. Supreme Court. Beginning in the late 1960's, however, the Court decided a series of landmark cases that dramatically changed the character and procedures of the juvenile justice system.

http://www.lawyershop.com/practice-areas/criminal-law/juvenile-law/faqs

Parens patriae is the idea that the state has a responsibility to play a parental role for youths that have been neglected by their parents. This Latin term roughly translates to the concept of "state as parent," or "parent of the country." The U.S. adopted parens patriae from British Common Law, under which the sovereign was charged with the role of acting as parent to the country.

Much juvenile justice policy is based on an understanding of this now implicit role of government. The U.S. Code addresses the state's parens patriae "rights" in Title 15, Chapter 1, Sections 15c-h, and Title 18, Chapter 13, Section 248.

The latter reads, "If the Attorney General of a State has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, such Attorney General may commence a civil action in the name of such State, as parens patriae on behalf of natural persons residing in such State, in any appropriate United States District Court." For more information about parens patriae and how it could affect your case, contact a juvenile defender in your state.

http://www.enotes.com/everyday-law-encyclopedia/juveniles

While parens patriae was designed to handle youth committing criminal acts, the discretion of this philosophy became increasingly more broad and was constantly debated in court. A number of pivotal cases ensued which helped the juvenile justice system evolve.

Juvenile Case History

In 1838, a man by the name of Crouse took the state to court over the INCARCERATION of his daughter, Mary Ann. Mary Ann Crouse was being held at a house of refuge against her father's wishes but at the BEQUEST of her mother, who felt Mary Ann had become unruly and unmanageable. Mary Ann had not committed any crime.

The courts held in Ex parte Crouse that the house of refuge was a reformatory rather than a jail, and Mary Ann's behavior could be reformed as long as she remained there. In essence, the court ruled that the judicial system had the right to assist families with troubled youth.

Some thirty years later in People v. Turner (1870), Turner protested being held in a house of refuge against the wishes of both his parents. He was incarcerated because the state felt he was in danger of becoming a criminal. His parents actually won this case, and it was decided that the state should only intervene in troubled families given extreme circumstances. However, the verdict was largely ignored by the courts.

http://www.barefootsworld.net/parensp.html


PARENS PATRIAE....
GOVERNMENT AS PARENT

Friday, September 2, 2011

Freedom, liberty or public school lockdown...

Freedom, liberty or Public school lock down
By Tom Munds

Have you ever looked around and seen more ignorance in our country?
Have we ever stopped to think of the root cause of this ignorance?

Four short years ago, I was one of these people that had no idea what was happening to our American culture. I went about my personal business worrying only about my family and my community and assumed everything was fine, it looked fine, the sun came out during the day, the stars at night, I had a job an had food on the table, life was good.

What I didn’t know was that while we were busy working the 9 to 5 grind, there was something seriously wrong going on that few people realized, including me.

In early America, we were taught about God, we had churches on almost every corner, we were taught that we had a constitution that was divinely inspired, we knew that this document was written only for a moral and religious people, we knew our rights were inalienable, that they could not be taken away by government which is why it was put in place in the first place, for the power was in the people.

We sincerely believed that we were “The land of the free and the home of the brave.” We pledged allegiance to the flag” and we appeared to honor those who sacrificed their lives and their families for the sake of freedom, for we knew what I meant, we loved America. We were united, we prospered, and we, as a nation, generally, were at peace, life was good.

Today in America, it is quite a different story. Our children are not taught about God resulting in not only increases in violent crimes, corruption, deception, sexual perversion, abortion, suicide, divorce and decreases in personal responsibility, morality, ethics and poor self esteem but also the indoctrination that rights come from and are subject to what the government says they are, what they say goes, all laws, to be adhered to, no matter how arbitrary.

Among the list of deceptions, we are even taught, not through education necessarily but through action, that we no longer have three branches of government with checks and balances where one branch can hold the other two in check. We have now submitted to the Supreme Court as the sole arbiter and have accepted them as a tyrant king and abandoned the other branches as useless! No more checks and no more balances, why? Our ignorance, that’s why! It certainly wasn’t meant to be that way.

In addition, our kids are brainwashed with government propaganda through the news and through their own government authorized and supported, Channel One, going straight into the hearts and minds of ALL of our children simultaneously, how convenient and no one sees a problem here?

They are taught environmentalism doctrine, where it is an emergency, that they themselves are harmful to the planet by breathing, that carbon dioxide is toxic, that we came from some primordial soup, that carbon footprints will be the death of our planet, that religion and American history are bad. How bad can we be when immigrants risk their lives to come here and our military dies to preserve what we have?

Governments through control, state that parents don’t know as much as they should, should not be trusted as much as the government, and they and their children should look to them for all of its needs. Furthermore they are taught, not to offend anyone and that they are entitled to their own truth, to be the best they can be and that their reality and spirituality is their own.(referred to as moral relativism) What they are teaching, according to Alexis deToqueville’s Democracy in America, is known as individualism, about collectively pushing their own personal agendas on others, to achieve these individualistic goals even at the cost of violating the liberty of others.
Has this been good for America?

Does your government know what they are doing? Do you know what they are doing? Do our teachers know the ramifications of allowing this kind of indoctrination? Is there a reason this is happening or is it by accident?

To answer these questions, yes, the government knows exactly what they are doing and it is on purpose but too complex to go into at this time. Do the teachers know, some do while others are so busy they don’t see it yet, then there are some teachers who see it, they get, it but are too afraid to say so, many of whom are Christians and know better than to harm these children due to their knowledge of Biblical history.

What is the big deal you say?

First of all, in America, we have a Constitution, we have an established rule of law that all people must be adhere to, the document that states no one is above the law and no where in this document does it have a provision for public school. So if we measure everything according to our rule of law, simply put, public schools are unconstitutional, which means they are illegal because they violate the law, the Supreme law of the land.

You say “well its in the Idaho state constitution”, yes, indeed it is, but according to the structure and establishment of the U.S. constitution, no law, statute, ordinance or state constitution can supersede the supreme law of the land which is the united States constitution,( which is why they called it supreme) and any law imposed that violates this supreme law is considered null and void as supported by 150 years of court precedents, and my favorite 1802 Marbury v Madison that stated “ Any law repugnant to the constitution is null and void.”

Second, as history reveals, with the government’s abandonment of God allowing them to dictate your rights, do you suppose they support your freedom and individualism like they would like you to believe?

Think of it this way…if you abandon the moral and religious, constitutional and united principles and acknowledgment and reliance on God where peace and prosperity reign under limited government and you allow government to promote individualism, you open the door to a democracy, which we are not nor were ever meant to be, where selfish agendas rule the day and are supported by government, to allow everyone to do and say as they please, violating the liberty of others creating tension and a more hostile environment where people may still believe they are free but in reality are so shortsighted.

If law enforcement is the entity that we have entrusted to keep the peace and people become more hostile, by default the need for government increases. If people continue over time to abandon our constitution and insist on the establishment of rights for minorities like immigrants, Mexicans Blacks, Muslims, as we do today, unconstitutionally, though the ridiculous tolerance and diversity doctrine, and the false utopian ideology of multiculturalism, the only choice is for government to keep the peace is to continue to grow, such continued and unrestrained growth leads to one of two ends, anarchy or totalitarianism.

At this point, the democracy has been replaced by a dictatorship and all freedom is lost, subject only to the whims of a tyrant. Our short sighted individual freedom, that was once supported by our government has now subjected ourselves to the bondage and oppression that lessons in history clearly have shown and we have clearly denied. It is for these reasons that I am on a relentless pursuit to educate others who are where I was a few short years ago!

Why do you suppose our founders did not include public education in the constitution?

Our Founders biggest concern was oppressive government and having a written constitution was the document was to guarantee the freedom of the people by limiting government and even included a Bill of Rights to further preserve and guarantee those rights to prevent things like wealth redistribution where the government has the power to forcefully take from one and give to another, socialism!

It was understood, from the Biblical principle that it was the family that was given the dominion over the whole earth and they viewed family as the core reliant on God, not government for their blessings and security and it was the family’s responsibility to prepare the children for their future teaching both Biblical, moral concepts and the proper role of government in addition to those principles of freedom and liberty. The family was left to itself, it was responsible for itself where the government only intervened when it was asked to, to protect the innocent and punish evildoers.

It was also understood, from another Biblical principle, you don’t work; you don’t eat meaning it was necessary for all of us to take personal responsibility for our own actions or suffer the consequences that one could not take from the labors of another to sustain himself. It further revealed that one was entitled to the fruits of their labor, that one person or government did not have the authority to take from another by force.


Another law based in scripture, supported by common law was that you were innocent until proven guilty and in order to be apprehended one must have committed a crime defined as having both a victim AND a witness and subject to trial by jury to prevent further government or judicial usurpation. That is why statutes and ordinances are not constitutional if they are repugnant to it.

Why are these principles important, because our schools for decades have been slowly taking control and authority from the parents. The government controls and tells our children what to breathe, what to eat, how to act, what to say, how to dress, what to think, what to do, what they will learn and today most of us let this encroachment continue, even to the point of mandatory vaccinations and school lockdowns without question! When are people going to get it?

Are we really preparing our children for a future of excellence or setting them up to fail and subject to tyranny, tremendous debt and oppression?

This government control is funded by YOU! YOU have given control to the government, you have submitted and admitted that they care better for your family than you can and that they can protect your kids and educate them better than you can, Are you really ok with this? Your family is subject to government’s ever expanding authority and so are your children, when do say how much is too much…may I suggest the constitution, perhaps?

The problems with the reliance on government are too many to include but are easily defined this way. You have first given up all your rights, including the rights of your children, your freedom, and your guarantee of Life, liberty and property by allowing the government to destroy, manipulate or deny the constitution. This desecration not only violates your freedom, it is ILLEGAL, and they are breaking the law! Why would you allow the government to make you abide by the law, no matter how unconstitutional, and allow the government to be above it when they were to have no more power than anyone else?

The government then USES YOUR TAX DOLLARS to increase it’s size therefore increasing control over you and your children “in the name of safety.” If you have abandoned the constitution that clearly and specifically enumerates the powers of government , who then decides when enough is enough? See the problem?

By locking down the school during school hours, putting your children under surveillance, locking parking lots, the government, the school district is also violating the most basic rights and freedoms, violating your freedom of speech, your right to bear arms, being innocent until proven guilty and of illegal search and seizure(or what people would consider right to privacy) without probable cause, they just assume you are a criminal! Is the constitution not supreme law in public school?

Quite simply, the truth hurts,… They view your children as untrustworthy, as criminals before they even had the thought to violate laws or school rules. They say they are preparing our children for the future? Middleton’s school motto is “The future in progress” …being watched, not trusted and viewed as criminals, what kind of progress is this?

Why is it exactly that our children aren’t allowed to work in concessions during sports events? According to one teacher, “They can’t be trusted” (who’s fault is that, if the school takes the roll of the parent?) so instead the booster club is forcing those parents
( tax payers that pay for the school, teachers salaries and their retirement for life, support ( unbelievably) annual bonds, levies and/or extensions as well as pay for lockers, parking passes, etc) who have children in sports to work there. By the parents being forced to do something against their will, it not only stirs contention between parents, but it denies the children the experience of being personally responsible, to teach them communication skills, business skills and to show the school (not that we need to prove anything to them) that these children can be trusted. How, as parents, have we allowed them to do this and not take offense and how does this prepare our children for their future?

If this is the future in progress, is this what they can look to for their future? If our children are conditioned to believe that everything will be done for them how does this prepare them for their future? How is it that these children can jump through the unconstitutional government hoops getting their licenses and are trusted with the freedom to drive to school only have their rights taken away once they get there? How is it that once they enter the school, everything is done for them as far as what they can do, think, feel and dress and speak…How is this preparing for their future, it seems more like a future of imprisonment rather than constitutionally protected freedoms with liberty and justice for all as our rule of law guarantees.

I often speak with parents, government officials- law enforcement, legislators, anyone who will listen. The problem we face is that most people today, believe it is reasonable to give up liberty for security “in the name of safety.” without realizing that such arbitrary unbridled power allows the government to ultimately regain complete control as everything will fall under and nothing will be excluded from the category of “in the name of safety” as we see today.

Without the rule of law, the constitution, the supreme law of the land, that written document that guarantees freedom to every individual, all rights are up for grabs and you then are only entitled to the rights the government says you have. It was Benjamin Franklin that said …”those that would give up freedom for security deserve neither.”
How wise and how true?

The last four years I have dedicated my life to trying to educate people on the principles of liberty and freedom, hoping that I can awaken those to realize history has repeated itself for our failure to know it and to learn from those lessons. This endeavor has been tough mentally and physically for me but I try not let it get to me for without proper understanding, people view me today as a radical, as a freak, a terrorist, extreme, or mentally ill, not because I am, for I am not, but because I have been thankfully blessed with the fierce fiery relentless passion and desire to work to exhaustion achieving knowledge that I have worked to hard to obtain thus far and look forward to with great excitement what comes next.

I may be viewed as extreme because unlike so many others who blow in the wind and are subject to arbitrary rule and thought, I stand solid, consistently and unwavering in this relative ever changing world. I stand when so few won’t because I love my God, I love my country, I love my children and because I truly love you and your children as well.

In closing, all I ask is for you to wake up, consider what is at stake and do something about it because if you do not, you and your children will regret it, I promise!

It is my sincere desire to run for the Idaho State legislature in 2012 to bring back freedom with liberty and justice for all and to bring government back within its limited and enumerated powers. I have spent the last few years preparing myself to understand what it means to be a representative, not to necessarily do the will of the people as a democracy but to stand on principle, with a knowledge of history, Biblical and constitutional principles and common law abiding by and adhering to the rule of law that guarantees freedom to all Americans and to take my oath, remember it and to solemnly uphold it, to take this oath with reverence I swear to do under God.
Amen.

Blessings ,

Tom Munds
Candidate for Representative for Idaho legislature in 2012
www.tommunds.com

www.tommunds.com/videos

If you agree, Please pass this on, Ive got less than a year for people to know I am here.
If you disagree, I welcome your comments.